Chapter 21.62 — REVOCATIONS AND MODIFICATIONS

• (a) Procedures. This chapter provides procedures for securing punitive revocation or modification of previously approved applications and entitlements.

• (b) Revocations. The city's action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.

• (c) Modifications.

  • (1) The city's action to modify an entitlement, rather than to revoke it, shall have the effect of changing the operational aspects of the entitlement.

  • (2) The changes may include the operational aspects related to buffers, duration of the entitlement, hours of operation, landscaping and maintenance, lighting, parking, property maintenance, signs, surfacing, traffic circulation, etc.

• (Ord. 1308 § 5, 2000)

• (a) Hearings and Notice.

  • (1) The council shall hold a public hearing to revoke or modify an entitlement application granted in compliance with the provisions of this title.

  • (2) At least ten days before the public hearing (except for temporary use permits that only require a twenty-four-hour notice), notice shall be delivered in writing to the owner as shown on the county's equalized assessment rolls, to the project applicant, if not the owner of the subject property, and to the occupant(s) at the address of the subject property, in compliance with Chapter 21.58 (Public Hearings) of this title.

  • (3) The notice shall not be deemed complete unless it identifies, in general terms, the grounds of the proposed revocation or modification.

• (b) Council's Action.

  • (1) Land Use Entitlement. A land use entitlement may be revoked or modified by the council if any one of the following findings of fact can be made:

    • (A) Circumstances under which the entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original entitlement can no longer be made in a positive manner, and the public convenience, health, interest, safety or welfare require the revocation;

    • (B) The entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement;

    • (C) One or more of the conditions of the entitlement have not been substantially fulfilled or have been violated;

    • (D) The improvement/use authorized in compliance with the entitlement is in violation of any code, law, ordinance, regulation or statute of the city, state or federal governments; or

    • (E) The improvement/use authorized in compliance with the entitlement has become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.

  • (2) A minor variance or variance may be revoked or modified by the council if any one of the following findings of fact can be made, in addition to those identified in subsection (b)(1) of this section:

    • (A) Circumstances under which the entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original entitlement can no longer be made in a positive manner, the public convenience, health, interest, safety or welfare require the revocation, and the grantee has not substantially exercised the rights granted by the minor variance or variance; or

    • (B) One or more of the conditions of the minor variance or variance have not been substantially fulfilled or have been violated, and the grantee has not substantially

exercised the rights granted by the minor variance or variance. (Ord. 1308 § 5, 2000)